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The reason why Obama will not invoke the 14th Amendment in resolving the ceiling debt crisis:

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Cal33 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 01:45 PM
Original message
The reason why Obama will not invoke the 14th Amendment in resolving the ceiling debt crisis:
Edited on Wed Jul-27-11 01:47 PM by Cal33
It's the right-wing loaded Supreme Court. The 5 Republican-named justices
are well-known for their partisanship.

Isn't this all the more reason to have Clarence Thomas investigated? He
certainly deserves to be investigated, but Dem. politicians seem very
reluctant to do so -- much to the satisfaction of the Repubs.

If the Repubs were to win the White House and the Senate in 2012, they
would literally own the entire government! God help the rest of the nation!

http://blog.buzzflash.com/node/12888
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RUMMYisFROSTED Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 01:47 PM
Response to Original message
1. Nope.
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Rosco T. Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 01:49 PM
Response to Original message
2. They can try...
"We demand impeachment because he used the constitution to solve this crisis.. we have to do this because the constitution says.. er.. it.. er...we.. er... LOOK IT'S A TERRORIST!!"
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Cali_Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 01:50 PM
Response to Reply #2
3. LOL
:thumbsup:
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leveymg Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 01:50 PM
Response to Original message
4. They should have Indicted Clarence Thomas months ago. Instead, they went after Weiner for rocking
the boat and bringing up the issue of Thomas' criminal violations.

One could almost think they want the present Right-wing GOP dominated Court in place to decide this one.
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CakeGrrl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:33 PM
Response to Reply #4
15. Who's "they"?
If you're referring to the President, your reasoning is that he and his administration backed away from Clarence Thomas so they could get Weiner out of the way, paving the way for the Republican SCOTUS to then call the shots on the President's impeachment.

Really?

:crazy:
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leveymg Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:50 PM
Response to Reply #15
18. Eric Holder. But, no, I don't think Impeachment is part of the Deal.
The original terms may have had more to do with the conservative members of the Court holding off on granting Mandamus on the Virginia HCR law suit. But, the stakes are clearly higher today. See, http://www.democraticunderground.com/discuss/duboard.php/http/www.txdps.state.tx.us/administration/crime_records/chl/duboard.php?az=view_all&address=103x608788
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Jakes Progress Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:54 PM
Response to Reply #15
19. Really.
It is exactly the kind of inept political knowhow that has dogged his administration from the beginning.
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leveymg Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 07:11 PM
Response to Reply #19
24. Inept or malicious.
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Jakes Progress Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 07:27 PM
Response to Reply #24
26. Why pick one?
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Jakes Progress Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 07:26 PM
Response to Reply #19
25. Dupe
Edited on Wed Jul-27-11 07:27 PM by Jakes Progress
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FSogol Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 01:51 PM
Response to Original message
5. Think the GOP can win in 2012? The nation will blame Boehner, Cantor, and Baggers
for whatever mess comes out. The GOP is killing their chances. When it came down to it, they couldn't put aside their petty squabbling and do the right thing. Most of America is moderate (and uninterested in politics) but they will notice.
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Cal33 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:27 PM
Response to Reply #5
11. I sure hope the Pubs will lose in 2012. I was thinking that during times of crisis in the past,
the right people somehow seem to just come along at the right moment: During
WW II, Britain had her Churchill, and we had our FDR. And right now, with
the three crazies frothing at their mouths (Corporatists, Neocons and Teabagges),
our nation is in dire straits again, but whom do we have? A Democratic Party
top-heavy with namby-pambys.
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AndyTiedye Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:32 PM
Response to Reply #11
14. Germany Was Not so Fortunate at that time
Edited on Wed Jul-27-11 02:32 PM by AndyTiedye
the right people somehow seem to just come along at the right moment

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DJ13 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 01:54 PM
Response to Original message
6. The REAL reason
Edited on Wed Jul-27-11 01:54 PM by DJ13
If the current debt ceiling is not settled with slashing social programs he doesnt want to eliminate the possibility of using a future debt ceiling as an excuse to slash social programs.

Invoking the 14th would probably eliminate future debt ceiling votes.
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dennis4868 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:04 PM
Response to Original message
7. if he does that...
he will get impeached by the Repubs in the House...
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Llewlladdwr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:05 PM
Response to Original message
8. Please.
Please provide a link to the relevant text of the 14th Amendment that authorizes the Executive branch of government to raise revenues. Thanks.
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harun Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:08 PM
Response to Original message
9. Public would never stand for it.
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still_one Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:15 PM
Response to Original message
10. Not necessarily. Some of those conservative justices are pure Constitutionalist, and they might
just rule in favor of the executive branch

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Cal33 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:31 PM
Response to Reply #10
13. Name those among the five you think are "pure Constitutionalists."
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still_one Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 11:45 PM
Response to Reply #13
28. Kennedy and ironically perhaps scalia. At worst it will be 5/4 saying the 14th is Constitutional
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Llewlladdwr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:41 PM
Response to Reply #10
17. Why?
There's no authorization in the 14th for the Executive branch to usurp the Legislative's control of the Federal purse strings. Why would a strict Constitutionalist find authorization where none exists?
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still_one Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 11:53 PM
Response to Reply #17
29. The validity of the public debt of the U.S., authorized by law, including debts incurred for payment
of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 4 confirmed the legitimacy of all United States public debt appropriated by the Congress.

This money has already been appropriated by the Congress. Insuring that the debt payments are honored is stated in this amendment

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Llewlladdwr Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-28-11 11:48 AM
Response to Reply #29
34. Where?
You've pretty much quoted the entirety of section 4 of the 14th Amendment. Where in there does it say that the United States will not default on its debt? All it says it that the debt is to be considered valid.

And nowhere does it state that the Executive branch gets to take over the Congress' power to raise revenues and borrow monies. It just doesn't.

This entire 14th Amendment argument is a complete waste of time. It simply doesn't allow the President to do anything at all.
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creeksneakers2 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-28-11 01:57 PM
Response to Reply #34
36. If anything, it says the opposite of what he's claiming
The last part of the Amendment reads:

"Section. 5. The CONGRESS shall have power to enforce, by appropriate legislation, the provisions of this article."

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AndyTiedye Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:30 PM
Response to Original message
12. The Justices Would Rule for the Repubicans Instantly
Edited on Wed Jul-27-11 02:31 PM by AndyTiedye
They would make it non-precedent-setting, like Bush v. Gore, so as to not
hamstring them if the same comes up with a future Republican President.
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SCantiGOP Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:37 PM
Response to Original message
16. The court would turn it down
in my opinion. The provision was clearly put in there so that - as anticpated - when blacks were eventually disenfranchised the Confederate-sympathizing legislatures would not have a way to oppose paying for pensions for Union troops. Every southern state set up a plan funded by the state to pay ex-Confederates, and obviously resented that they were also paying a share of the Union troops. Courts take 'legislative intent' into account when deciding cases. BTW, this is not my opinion, but was a very reasonable explanation by a constitutional law expert on TV the other night.
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Enrique Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 02:58 PM
Response to Original message
20. the GOP is going to sue to force the country into default?
doubtful.

Playing games with legislation is one thing, but filing court papers to force the president to crash the world economy is another.
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SCantiGOP Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 03:05 PM
Response to Reply #20
21. wouldn't be the GOP
any citizen would have standing to file a suit.
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BobbyBoring Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-28-11 04:00 PM
Response to Reply #20
38. Nothing is below those fuck heads
NOTHING
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 03:21 PM
Response to Original message
22. He won't now. What will he do on Aug. 3?
And what would the SCOTUS dare do?
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gopbasher12 Donating Member (10 posts) Send PM | Profile | Ignore Wed Jul-27-11 04:11 PM
Response to Original message
23. Yu are right.
Still I would love to see him do it.
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Hippo_Tron Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-27-11 11:20 PM
Response to Original message
27. Political question doctrine
They probably will not even hear the case.
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Amonester Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-28-11 12:44 AM
Response to Original message
30. Because his name is not georgedoubleyoubu$h, so
Edited on Thu Jul-28-11 12:47 AM by Amonester
he's got no free passes. eom
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ProDem4 Donating Member (35 posts) Send PM | Profile | Ignore Thu Jul-28-11 01:18 AM
Response to Reply #30
31. Obama is a Constitutional Lawyer
He knows the 14th is about not paying any debts incurred by the south after the civil war.

I know we sometimes get caught up in our own progressive views and think fly over country thinks like we do.

But the sober truth is President Obama is in real trouble. We all remember the electoral map.

And The President is in Big Big trouble in Florida Indiana and most likely Ohio.

So who knows how far right he might go.
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JustAnotherGen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-28-11 05:38 AM
Response to Original message
32. They got rid of Wiener
So no investigation of Clarence Thomas.
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DaveofCali Donating Member (434 posts) Send PM | Profile | Ignore Thu Jul-28-11 11:43 AM
Response to Original message
33. The Supreme Court is NOT in session
The justices are in vacation, and they come back in October. They could probably have an emergency session, but why would they choose to get involved in such a politically charged issue?
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SCantiGOP Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-28-11 01:29 PM
Response to Reply #33
35. SCOTUS doesn't have to be in session
A federal court could overturn it, and then you would wait until the Supremes came back into session to see if they were going to take it up. The federal court decision would stand until and unless the Supremes overturned it.
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aint_no_life_nowhere Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-28-11 03:42 PM
Response to Original message
37. Wouldn't a Constitutional crisis bring down the economy?
If Obama were prohibited from issuing checks to pay the nation's debt for however long a period the resolution of the controversy would require, the Republicans would without any doubt whatsoever be universally blamed for it. They would forever own the bad economy. Personally, I don't think a single Republican, no matter how crazy will move to lay a finger on Obama if he invokes the 14th Amendment. They'll be chastised by their own supporters and especially by the big money contributors.
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